Sec. 18110. ### (a)
418 words·~2 min read·
/statute-compilations/comps-15754/sec-18110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 18110 ###
(a)If services performed by an employee during fiscal year 2020 are determined by the head of the agency to be primarily related to preparation, prevention, or response to coronavirus, any premium pay for such services shall be disregarded in calculating the aggregate of such employee’s basic pay and premium pay for purposes of a limitation under section 5547(a) of title 5, United States Code, or under any other provision of law, whether such employee’s pay is paid on a biweekly or calendar year basis. ###
(b)Any overtime pay for such services shall be disregarded in calculating any annual limit on the amount of overtime pay payable in a calendar or fiscal year. ###
(c)With regard to such services, any pay that is disregarded under either subsection
(a)or
(b)shall be disregarded in calculating such employee’s aggregate pay for purposes of the limitation in section 5307 of such title 5. ###
(d)####
(1)Pay that is disregarded under subsection
(a)or
(b)shall not cause the aggregate of the employee’s basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. ####
(2)For purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, “premium pay” means the premium pay paid under the provisions of law cited in section 5547(a). ####
(3)For purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments are considered premium pay. ###
(e)This section shall take effect as if enacted on February 2, 2020. ###
(f)If application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not— ####
(1)be considered to be basic pay of the covered employee for any purpose; or ####
(2)be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code.